Private purchased, check engine light on

[Leksta]

California.

I purchased a car today around 7ish. My boyfriend test drove the vehicle and everything was fine. When we finish the purchase, I drove the car home got on the freeway the heat and AC would not work. When he first tested it was fine. I told my boyfriend not to buy the car but he wouldn't listen.
Then we try to return the car.
We went back to the seller house (maybe 30 mins) and he wouldn't take the car back. We called the cops and they came out. They did not do anything because we gave the money and sign the bill of sale (not an emergency matter).
Anyways, we left cause the police officer recommended us to take him to court.
When I drove it home, the check engine light came on.
I'm very upset now. He gave us a certificate showing that the car passed smog in October. The sad part is we don't have the title to the car because he purchased the car back in Sept. but registered the car but never got the title due to smog certificate required. DMV wrote need by 11/15/09.
So now what can I do? Can I still take him to court saying he fraud the car?
That he sold the car knowing that the check engine light will come on? I live about 30 miles away from this person home. I took a picture of the check engine light right when I got home. Now I want to take it to a repair shop to make sure the car was not damaged. Should I go get another smog test to verify the car really pass smog?

If anyone can really help me...PLEASE...

Thank you in advance.

 

[justalayman]

back up.


did the seller, or can the seller provide you with a title to the car? If not, why?

 

[JETX]

So now what can I do?

At this point, pretty much nothing.... however, depending on what happens in the near future, there may be some hope.

In your post, you said, "He gave us a certificate showing that the car passed smog in October."
If the certificate is NOT valid, then you would have a cause of action to pursue in court.

Also, "The sad part is we don't have the title to the car because he purchased the car back in Sept."
If he is unable to provide you with a VALID title to the vehicle, then you MAY have a valid cause of action to pursue in court. Simply, if he didn't have the legal right to sell the vehicle, the court will order a return of money and the vehicle to him.
Do you have ANYTHING setting a 'clock' on his requirement to provide a valid title to you?? If so, wait until that time passes and pursue litigation. If not, then you will need to send him a WRITTEN 'demand' for a valid title setting a 'clock'. Send it by certified RRR (and first class) and give him 5 days from receipt to produce a valid title. Again, if he doesn't, court.

You said, "DMV wrote need by 11/15/09".
Not clear as to what you mean since that date has come and gone... and you said you got a smog certificate.

Can I still take him to court saying he fraud the car?
That he sold the car knowing that the check engine light will come on?

You have no case on those 'issues'.

Should I go get another smog test to verify the car really pass smog?

No. Contact the station that issued the certificate you have and confirm the vehicle and status.

 

[Leksta]

Thanks for the quick response.

He told us that he registered the car and DMV is in the process of sending him the title. And they can't send him the title because it needed to be smog. He got the vehicle smog back in October but did not go back to the DMV (which he had until 11/15/09 to present the documents but didn't). He told us that we can still reg the car w/no title. Just need to take the bill of sale to DMV. It is my first time buying a used private sell car. We did not give him a time frame of when he should send the title to us. All we did was a bill of sale. So basically he couldn't even sell me the car until he had the actual title?
If I sent him a letter stating we need the title by 12/1/09 and give him 5 days after that then I can take him to court? If I certified the mail but he didn't sign it and say his family member did, then what happens? Can I still sue?


Thanks again for the help.

 

[JETX]

He told us that he registered the car and DMV is in the process of sending him the title. And they can't send him the title because it needed to be smog. He got the vehicle smog back in October but did not go back to the DMV (which he had until 11/15/09 to present the documents but didn't). He told us that we can still reg the car w/no title. Just need to take the bill of sale to DMV.

Read the information (specially under 'What Documents Are Required?) at:
How to Change Vehicle Ownership
and
Vehicle Registration and Title Information
and
Vehicle Registration and Title Information

So basically he couldn't even sell me the car until he had the actual title?

Again, READ the information at the above site.

If I sent him a letter stating we need the title by 12/1/09 and give him 5 days after that then I can take him to court? If I certified the mail but he didn't sign it and say his family member did, then what happens? Can I still sue?

You can sue him at any time you want. After all, almost anyone can sue almost anyone else claiming almost anything.
HOWEVER, if you want to increase your chances of 'winning', you need to be able to SHOW (paperwork, evidence, etc.) that either:
1) The sale was fraudulent (your previous claims aren't enough) or
2) That the seller didn't have the legal right (title) to sell the vehicle.

The only way for you to do either of the above is to follow the steps I already provided... AND to READ the information at the site I provided.

Also, I suggest you do some of this yourself, starting by ordering a record of the vehicle registration. This can be done by completing and filing the following:
http://www.dmv.ca.gov/forms/inf/inf1125.pdf

 

[Leksta]

Thank you again.

I been up all night and haven't really slept looking at the California DMV website.
It's nice to have someone help people like me on this.
Another question should I notify the DMV that I purchased the car w/in 10 days of sale? Then take him to court or will the DMV not tranfer ownership due to no title?

Thank you.

 

[Zigner]

You need to try to get the car transferred to your name. If you CAN'T, get the reason in writing and sue for your money back.

If you CAN, enjoy your new car!